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lindas | 17:36 Fri 27th Jun 2008 | Law
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can a company change my job description at the moment im a cell leader and they want to change it to a lesser job
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I have no idea what a cell leader is but being practical, why do they want to change it? you no good at it, is the actual job going, are they re structuring?

In theory, in a worst case scenario you could leave and take them to a tribunal for constructive dismissal, or you can swallow and stay in work.
(presuming you're from the UK) Apparently they can...i have the same threat hanging over my head where the council i work for wants to "re-grade" everyone. Some may go up the scale, a few may come down but generally, most will stay as they are.

Unfortuntely, it looks like i'm one who going to have to take a pay cut and a change of terms and conditions. I spoke to my best man who's also my solicitor (and a solicitor in employment law) and he has basically said that a contract these days isn't worth the paper it's written on.

My employer can give me 12 weeks notice to basically terminate my existing contract and then offer me another one with lower pay....and there's nothing i can do about it.

If i don't like it, i simply do not have to sign the new contract and i effectively leave by my own free will.
It is unlikely that the title forms part of the terms and conditions of your employment. The key thing is, is your employment actually changing your terms - the hours, the the location or most importantly your salary? If they are not, then they can do that. It is not likely to be a condition of your employment that you manage 15 people, for example (as a cell leader might). So if the employer wants to employ you as 'Manager in charge of Nothing At All" at the same salary etc. you cannot do much about it (except resign).
Hammerman presents a slightly inaccurate picture of this in my view. He could insist that his job is being made redundant, and force the employer to declare it as such. However the statutory redundancy scales are so low that it doesn't gain him much. If the employer refuses to declare it as a redundancy situation, he could resign and claim constructive dismissal through an Employment Tribunal. What he is correct about is that an employee does not have a right to continuity of employment for life.

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